Bhor Industries Ltd. Vs Vitthal Sahebrao Kumbhar (Bombay High Court)
Bombay High Court held that industrial dispute existed when the reference was made by the appropriate Government under section 2-A of the Industrial Disputes Act, 1947. Further, Industrial Disputes Act, 1947 doesn’t provide any limitation for making a reference.
Facts- The Respondents worked at the Petitioner’s manufacturing plant. Respondents services were terminated. The Respondents raised a demand that they were illegally terminated by the Petitioner, which culminated in an industrial Reference made by the appropriate Government under the Industrial Disputes Act, 1947 to the Labour Court. The Petitioner has challenged the order of Reference on the ground that the claims of Respondents were belated and exitnguished and no industrial dispute was in existence when the Reference was made.
Conclusion- Held that having considered the totality of the facts and circumstances, we are of the opinion that an industrial dispute was in existence between the parties when the Reference was made by Respondent No.3 under the Act of 1947. Thus the order of Respondent No.3 dated 8 November 2016, making a Reference under the Industrial Disputes Act, 1947 to the Labour Court, Satara, calls for no interference. The proceedings pending before the Labour Court, Satara, will be decided on their own merits.
